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Home My WebLink AboutMinutes - PB - 12/16/2015 Planning Board Meeting APPROVED MINUTES 1 of 5 December 16,2015 COHASSET PLANNING BOARD MINUTES DATE: DECEMBER 16, 2015 TIME: 7:00 PM PLACE: COHASSET TOWN HALL—BASEMENT MEETING ROOM 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Clark H. Brewer, Chair (CB) Michael Dickey (MD) Brian Frazier, Interim Clerk (BF Erik Potter,Associate Member(EP) Board Members Absent: David Drinan,Vice Chair (DD) Charles A. Samuelson, Clerk (CS) Recording Secretary Present: Jo-Ann M. Pilczak, Planning Board Administrator CALLED TO ORDER AT: 7:02 P.M. 7:02 P.M. 808 JERUSALEM RD. SITE PLAN REVIEW CONTINUED PUBLIC HEARING hi attendance to represent agenda item: Greg Tansey,Patriot Permitting; Applicant: Chris McKenna Materials and documents submitted,utilized at this meeting (On file in Planning Board Office): • 12/01/15 Patriot Permitting Transmittal letter with attachments: Response to 09/02/15 and 09/01/15 review comments; Easement documents; Google Earth street level photograph, Lighting Spec sheets; Department of Public Safety Architectural Access Board Application for Variance. • Civil Designs 12/14/15 review and comment letter PLAN DATE SCALE REVISION DATE Site Plan 12/31/14 1" = 10' 07/02/15, 08/11/15, 08/18/15, 09/01/15,09/18/15, 11/21/15 Al Front Elevation Design 8 04/04/15 1/4" = 1' A2 Lower Level Plan Design 8 04/04/15 1/4" = 1' A3 First Floor Plan Design 8 04/04/15 1/4" = F A4 Second Floor Plan Design 8 04/04/15 1/4" = l' Al Front Elevation Design 10 07/27/15 1/4" = l' A2 Left Side &Right Side Elevations 07/27/15 1/4" = F Design 10 A3 Rear Elevation Design 10 07/27/15 1/4" = l' A4 Lower Level Design 10 07/27/15 1/4" = l' A5 First Floor Plan Design 10 07/27/15 1/4" = F A6 Second Floor Plan Design 10 07/27/15 1/4" = F Al Front Elevation Design 12 11/30/15 1/4" = F A2 Left Side&Right Side Elevations 11/30/15 1/4" = l' Design 12 A3 Rear Elevation Design 12 11/30/15 1/4" = F A4 Lower Level Design 12 11/30/15 1/4" = F A5 First Floor Plan Design 12 11/30/15 1/4" = l' A6 Second Floor Plan Design 12 1 11/30/15 1/4" = l' Taney: new submissions included revised architectural plans, site plans, easement documents, lighting specs., draft of ADA Variance application for front entry (which will be submitted to ADA if Site Plan Approval is granted. Tansey reviewed revisions: eliminated elevator shaft; reworked front entry so stairs to do not project out from the front — this also increases the setback; paver driveway with traffic flow arrows; ornamental plantings; proposing two 7 ft. x 4ft. decks (they consider projections - Brewer said that 2 ft. projections off the building foundation are allowed so he is not sure these decks qualify as permitted projections — McKenna noted that the Planning Board Meeting APPROVED MINUTES 2 of 5 December 16,2015 decks area nice amenity for tenants but not necessity and could be eliminated); lowered roof line; reduced 3 residential units to 2 units which will result in less traffic and fewer parking requirements. Footprint is pre-existing with exception of front steps,porch, lift(lifts can extend into setback)—steps and entry porch conform to setbacks. Old Google Earth photos showing the old Antique Shop with 3 spaces striped by the DPW on Jerusalem Rd. ZBA said that parking for 3 commercial spaces were grandfathered — McKenna would like one of those spaces to be handicapped accessible. Brewer noted that anything in the public way has to be approved by the BOS and that the parking spaces would have to comply with all applicable laws. R. Abbadessa: Cannot park on street when there is snow. State laws requires parking spaces to be 15 ft. from intersection. McKenna: proposes 4 spaces under—2 for apartments and 2 for commercial space. Even though ZBL requires 1.5 spaces/unit, as landlord,he can allow only 1/unit to be used. Modzelewski: reviewed his 12/14/15 memo Does not understand the rationale for no parking spaces needed. McKenna indicated that, in their decision, the ZBA said the commercial spaces are grandfathered. Modzelewski noted that the ZBA "decision" was that McKenna could withdraw his application without prejudice. Modzelewski — the rationale for no spaces being required apparently is that it existed before without spaces and, it is only being rebuilt. • Town Counsel added that there is a fundamental rule that unless something is really "grandfathered", the burden of proof that grandfathering applies is on the person asserting the grandfathered status and, the Planning Board should not be wondering what the basis is for the grandfathering - the person who has the burden of proof should be setting that out for the Board. If the person with the burden of proof does not meet that burden,the Board can say the regular rules apply. • Front porch is 75 sq.ft. and 4 ft. from the property line — he does not see where that is permitted under permitted projections as it has to be 6 ft. from property line. • Anything that is a component of the ADA lift would have to be reviewed as conforming or not. • Troubled by the on-street parking which leaves only approx. 6 ft. of passage on Jerusalem Rd. which is too narrow and too tight. Lines on plan do not show where the spaces will be and what the dimensions of the spaces are. If not needed, say they are not needed. • Entry is 12 ft. wide and is close to pedestrian crossing—look at if it can be narrowed to 10 ft. or so. • Fire Chief wants fire flow data — needed before any Planning Board vote - Planning Board needs the information to decide about"safe &convenient" • Does not think passageway is needed any longer—but if they keep it, it must be person height. Matthew Montefusco, abutter at 237 Hull St: The easement protects McKenna's and his property — on the site plan, neither Oasis Trust or 237 Hull St. is listed as abutter—he has hired attorney to protect his right's under the easement so that will be coming up. Only 1 water line is shown on plan — his water line is protected by the easement coming off Jerusalem Rd. and the sewer easement is protected on his property going into Hull St. Suggested the Board look into who painted the lines on the spaces on Jerusalem Rd. This is not the same use of the building. Neighborhood is very concerned about safety of access and egress and asked for a traffic study — Planning Board and Modzelewski did not require one of the applicant—Montefusco wants Board to understand the risks and take full responsibility for anything that happens. Town Counsel responded that this is not true—under the MGL 258—there is no liability with permit related actions— Board makes a good faith effort to make sure that all criteria for Site Plan Approval are met. Montefusco concerned about the egress from the property which is approx. 30' slope up from the base of garage—drivers will not be able to see again until they are in Jerusalem Rd. Richard Abbadessa: Parking space No. 2 — how wide is that exist from there? Car cannot comfortably make the turn without backing up. How high are the entrances? (7 ft.) - Brewer added that should be OK for regular cars. Brewer—redesign is an improvement over what was done before. Areas to be worked on: • Setback of entry • Design of public way components—whether grandfathered or not—need detail and compelling argument • Address each point in Modzelewski memo • Unless they can produce evidence that they do not need 6 ft.for the front porch under ADA requirements, some redesign of front porch and back balconies is probably required based on Modzelewski comments MOTION: By Member Dickey to continue the public hearing to January 20,2016 at 7:00 PM and provide full detail of issues raised. SECOND: Member Frazier Planning Board Meeting APPROVED MINUTES 3 of 5 December 16,2015 VOTE: 3-0 MOTION CARRIES Modzelewski and Brewer to talk with Building Commissioner about grandfather parking issue. 7:30 P.M. MASTER PLAN—POSTPONED—TO BE RESCHEDULED 8:00 P.M. 100 POND ST. MODIFICATION—FINAL CONDITION OF APPROVAL—RICHARD HENDERSON - Agenda item not addressed—Engineer has not submitted docs 8:00 P.M. COOK ESTATE—RELEASE OF LOTS 9, 16, 17 -RICHARD HENDERSON In attendance to represent agenda item: Attorney Richard Henderson Motion made at 10/21/15 meeting after release of Lots 12 and 1 5 included the"understanding that the expectation is that the remaining 3 foundations will be installed and nothing further will happen with the releases until the final paving is completed...". Now requesting 3 more lot releases and that understanding has not been met. There are currently 7 houses unsold which equals approx.. $7 million-Henderson changed request to the release of only Lot 16 for a closing scheduled for January 6, 2016. Modzelewski — there is protection when there are 3 lots to be released, right now there are 7 lots so he is fine with releasing Lot 16. MOTION: By Member Dickey to release only Lot 16. SECOND: Member Frazier VOTE: 3 - 0 MOTION CARRIES 8:10 P.M. KING ST. & SCITUATE HILL INTERSECTION CONT'D SITE PLAN REVIEW PUBLIC HEARING. OWNER: CROCKER 11 REALTY—LYNNE SCHWANDT. APPLICANT: SSG CUSHING COHASSET,LLC In attendance to represent agenda item: Attorney Richard Henderson; David Fulton, CEO SSG; Dave Williams, SSG; John Cavanaro, Cavanaro Consulting; Patrick Dunford,VHB; Andrew Graves,Architect,BL Companies. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office): • Cavanaro Consulting 12/09/15 Transmittal letter with response to Review Comments dated 12/01/15 and Stormwater Drainage Calculations and revised plans attached. • Cavanaro Consulting 12/09/15 Response to Review Comments dated 12/01/15 • Stormwater Drainage Calculations, prepared by Cavanaro Consulting,revision date: 12/09/15 • Traffic Documentation, submitted by Patrick Dunford,VHB dated: 12/11/15 • Civil Designs review and comment letter, dated: 12/14/15 • Civil Designs review and comment letter re: Scituate Hill Subdivision conditions of approval relating to traffic signalization, dated: 12/16/15 PLAN DATE SCALE REVISION DATE TS -Title Sheet Sheet 1 of 7 10/14/15 As shown 11/17/15, 12/02/15, 12/08/15 EC - Existing Conditions Sheet 2 of 7 10/14/15 As shown 11/17/15 LG—Layout&Grading Sheet 3 of 7 10/14/15 As shown 11/17/15, 12/02/15, 12/08/15 DTI—Detail Sheet Sheet 4 of 7 10/14/15 As shown 11/17/15, 12/08/15 DTII- Detail Sheet Sheet 5 of 7 11/17/15 As Shown LP—Landscape Plan Sheet 4 of 5 10/14/15 As shown 11/24/15, 11/30/15, 12/09/15 LP—Landscape Plan Sheet 6 of 7 11/17/15 1" = 20' Photometric Study Sheet 7 of 7 11/13/15 Not Shown Cover Sheet + Title Page Buildings Elevations—North&West 10/14/15 1/8" = 1' 11/17/15 Buildings Elevations—East& South 10/17/15 1/8" = 1' Building A—North Elevation 11/17/15 1/8" = 1' Building"A"First Floor 10/06/15 1/8" = 1' 11/17/15 Building"A" Second Floor 10/06/15 1/8" = 1' 11/17/15 Building"A"Third Floor 10/06/15 1/8" = 1' 11/17/15 Building`B"and"C"First Floors 10/06/15 1/8" = 1' 11/17/15 Planning Board Meeting APPROVED MINUTES 4 of 5 December 16,2015 Cavanaro: reviewed his response and changes to address Modzelewski 12/02/15 comments Dunford: provided package to address traffic and movement within the site. • Auto-turn diagrams showed a 23 ft.truck can easily make a 3 point turn between the two back buildings. • The 35 ft. distance between the back buildings is actually a national storage facility industry standard and based on engineering diagrams it works. Modzelewski: all his comments were addressed, but Board did ask him to look at 2006 Scituate Hill Decision and status of conditions. Status is there is no permit for signalization. • Conditions 18-24: The only condition the current permit addresses is closing the entrance to Brass Kettle. • Modzelewski attended preliminary hearing for signalization concurrent to MBTA. Access permit was received. Since signal went up at Train Station,MassDOT might not want another signal so close to it. • Applicant was to submit every two years—that condition is due to run out in Sept. 2016 Schwandt: (Applicant for Scituate Hill Subdivision): Aside discussion-providing follow-up to the 2006 permit. • Conditions 20&22: They are just not there yet—would come at the end of the process of design and approval. • Condition 23: crosswalk across Rt. 3A to sidewalk—sidewalk does not exist so they have nothing to tie into • Condition 18: obligation to apply to MassDOT every two years for signal at King St. intersection. Were close to applying in 2006 — application is a long, long process involving multiple departments. In 2007, mitigation work being discussed with MBTA involved some changes to Scituate Hill intersection — Mass HWY had difficulty interpreting Scituate Hill proposal as it was a moving target. • Brewer: Denial was never received from MassDOT — but the 10 yr. period is near expiring. Board should reopen public hearing and extend the 10 yrs. so they could continue to work on the signalization. Schwandt pointed out that this would require new traffic counts &new interpretation of viability but, doing it now without other tenants means they will have to go through this process again in the future and, they are hesitant to revisit MassDOT until there is more buildout on the site. Board does not want to hold up Self-Storage facility because Scituate Hill Subdivision approval and progress with MassDOT was slowed down due to economy. Modzelewski pointed out that Schwandt could pay for signal if Board continues to deem it necessary. Signalization to be put on second meeting in February as reopened public hearing. Applicant: No more comments or submissions Asst. Chief John Dockray: No more comments: Modzelewski: No more comments MOTION: By Member Frazier to close the public hearing SECOND: Member Dickey VOTE: 3-0 MOTION CARRIES Board comments: Other than the signal, applicant has done all that was asked and has done what they could to have the building blend in. Project is comparable in size with other industrial bldgs. Applicant has met the requirements for Site Plan Approval cited in 12.6.2. a-f. Board made finding that the proposal meets all the requirements for Site Plan Approval cited in 12.6 MOTION: By Member Frazier to find that the project as conditioned satisfies the requirements of Section 12.6 and to approve the project subject to the conditions recommended by the Planning Board consultants. SECOND: Member Dickey VOTE: 3 -0 MOTION CARRIES Administrator asked for extension beyond the 21 day deadline to file decision(January 6, 2015) —Applicant agreed to extend deadline to January 13, 2016—will submit in writing. 9:10 P.M. ADMINISTRATION - DISCUSSION RE: HAVE TOWN COUNSEL DRAFT WARRANT ARTICLE TO ALLOW ASSOCIATE MEMBER TO VOTE ON MORE THAN SPECIAL PERMITS Town Counsel to draft warrant article for Annual Town Meeting warrant to allow Associate Member to vote on all filings before the Planning Board-not just special permits- in the event of an absence, conflict of interest etc. on the part of another member. - VOTE TO APPROVE DECEMBER 2, 2015 MEETING MINUTES MOTION: By Member Dickey to approve the December 2,2015 meeting minutes SECOND: Member Frazier VOTE: 3 - 0 MOTION CARRIES Planning Board Meeting APPROVED MINUTES s of 5 December 16,2015 - VOTE TO APPROVE PAYROLL FOR PERIOD ENDING DECEMBER 13, 2015 MOTION: By Member Frazier to approve the payroll for period ending December 13,20l 5 SECOND: Member Dickey VOTE: 3 - 0 MOTION CARRIES - VOTE TO RATIFY C.BREWER SIGNATURE ON INVOICES: • D/W INV.#1 - SCITUATE HILL DEFINITIVE SUBDIVISION $331.50 • D/W INV.#1 - KING ST. & SCITUATE HILL SELF STORAGE FACILITY $292.50 • D/W INV. #2 - KING ST. & SCITUATE HILL SELF STORAGE FACILITY $1,675.50 • D/W INV.#8 - 808 JERUSALEM RD. $97.50 MOTION: By Member Frazier to ratify Brewer's signature on above cited invoices SECOND: Member Dickey VOTE: 3 - 0 MOTION CARRIES PUBLIC COMMENT (5 MINUTES MAXIMUM) -none TOPICS NOT REASONABLY ANTICIPATED BY CHAIR 48 HRS IN ADVANCE OF MEETING- none MOTION: By Member Dickey to adjourn at 9:20 P.M. SECOND: Member Frazier VOTE: 3—0 MOTION CARRIES NEXT MEETING: WEDNESDAY, JANUARY 6, 2016 AT 7:00 P.M. MINUTES APPROVED: BRIAN FRAZIER, INTERIM CLERK DATE: JANUARY 6, 2016